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(영문) 수원지방법원 2021.02.05 2020고단7018
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative director of the Dispute Resolution Co., Ltd., which is in Slified City B, and is a user who runs the manufacturing and processing business of livestock products by employing 12 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay KRW 62,200 of the amount of divided wages of September 1, 2019 of D, which he/she worked from April 16, 2019 to December 21, 2019 and retired from the said workplace, KRW 509,850 of the amount of divided wages of October 2019, KRW 2,546,750 of the amount of divided wages of November 2019, KRW 1,783,398 of the amount of divided wages of December 2019, and KRW 5,96,598 of the amount of unpaid leave allowances of December 5, 200 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties concerned, and did not pay KRW 5,96,598 of the total amount of wages of KRW 35,3545,91 of the amount of unpaid leave allowances within 14 days from the date of agreement.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The defendant employed from February 26, 2018 to December 21, 2019 at the above workplace and did not pay 4,034,90 won of retirement pay of E retired retirement pay of 4,090 won within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, and did not pay 13,162,145 won in total for 4 retirement pay of 4,162, and 145 won from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the attached list of crimes.

Summary of Evidence

1. The defendant's statement in court;

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